Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
from Rakhine, Shan and Kachin States. It also interviewed members of non-State armed
groups.
20.
In cases of sexual and gender-based violence, where a second independent source of
information was often unavailable, the Mission considered the case or incident corroborated
when it obtained one first-hand account which it assessed as credible and as consistent with
what was known about the incident or the established patterns of similar incidents in the
area, and in line with the interviewer’s own observations. This methodology, as well the
entire methodology of this report, is consistent with the Mission’s previous working
methods, outlined in additional detail in its 2018 report.9
21.
To collect information, the Mission travelled to refugee camps in Bangladesh, and to
Thailand and Malaysia. The Mission also held consultations and meetings with other
stakeholders, including intergovernmental organizations, non-governmental organizations,
humanitarian actors, think-tanks and academic institutions. The Mission further received
written submissions and relied on credible open source information. Due to the Government
of Myanmar’s unwillingness to permit the Mission to conduct visits on its territory or
respond to its requests for information, the Mission was unable to interview civilian
government officials or members of its military forces.
22.
The Mission was particularly mindful of the “do no harm principle”, taking
measures to ensure that it did not re-interview victims or survivors previously met by the
Mission and other stakeholders. The Mission thus considered information from other
reliable stakeholders to complement its own. In the same vein, the Mission strictly avoided
interviewing children unless it could do so under conditions that it deemed safe and
appropriate. Mindful of the specific needs of survivors of sexual and gender-based
violence, the Mission referred them, as appropriate, to specialized services throughout its
investigation.10
23.
The Mission notes that sexual and gender-based violence is often underreported in
Myanmar for reasons explained further in this report. The findings contained in this report
likely underrepresent the severity of conflict and crisis-related sexual and gender-based
violence.
24.
The Mission expresses its deep gratitude to all persons who agreed to be interviewed
and for the invaluable support it received from a number of non-governmental
organizations. The Mission reminds the Myanmar authorities and others of the obligation to
ensure the safety and security of those who cooperated with the Mission.11
C.
Legal framework
25.
Sexual and gender-based violence is violence directed towards, or disproportionately
affecting, someone because of their gender or sex.12 In addition to women, men and
children, this report includes information about sexual and gender-based violence against
transgender people, which the Office of the High Commissioner for Human Rights has
defined as an “umbrella term for people with a wide range of gender identities and
expressions who do not identify with the sex they were assigned at birth.”13
International human rights law
26.
International human rights law prohibits sexual and gender-based violence in all its
forms. Sexual and gender-based violence should be broadly defined to include acts or
9
10
11
12
13
6
A/HRC/39/CRP.2, para. 8-32.
S/RES/2467 (2019), para. 8.
See HRC resolution 12/2 on “Cooperation with the United Nations, its representatives and
mechanisms in the field of human rights”.
OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice,
2018, page. 7, https://www.ohchr.org/Documents/Publications/IntegratingGenderPerspective_EN.pdf
OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice,
2018, page. 8, https://www.ohchr.org/Documents/Publications/IntegratingGenderPerspective_EN.pdf
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